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Thursday, July 31, 2008 - 6.43 GMT
Computer Crime Act enacted

 

The Parliament enacted the Computer Crime Act, No. 24 0f 2007 recently.

According to Information and Communication Technology Agency of Sri Lanka (ICTA) computer crime consists of three components. They are:-

(1) Computer Related crimes – Computers used as a tool for criminal activity such as theft, fraud, etc.

(2) Hacking offences – which affects integrity, availability and confidentiality of a computer system or network (also includes the introduction of viruses, worms etc).

(3) Content related Cyber Crime – where computers together with Internet resources are used to distribute illegal data. E.g.;- Internet based pornography, criminal copyright infringement

The Sri Lankan Computer Crimes Act No. 24 of 2007 primarily addresses computer-related crimes and hacking offences. Content related offences are being addressed through a series of changes to the Penal Code and other statutory provisions.

The first class of offences in the Computer Crimes Act criminalizes attempts at unauthorized access to (a) computer or (b) any information held in any computer and doing same for the commission of any other offence. The Act also contains provisions which state that any person who intentionally or without lawful authority carries out a function which has the effect of modification or damage or potential damage to any computer or computer system or computer programme shall be guilty of an offence.

A provision has been included in the new Act enabling a panel of experts to assist the Police in the investigation of computer crime offences. In terms of the role envisaged for experts they will assume jurisdiction only when their assistance is called for. The Act empowers the experts with specific powers, such as visiting the scene of crime for purposes of investigation, to access and examine computer systems, data or information held in a computer, etc.

The Act also provides for the retention and preservation of information required from computer devices for the purpose of carrying out investigations.









 


 
   
   
   
   

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Last modified: July 22, 2009.

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